Practice Description:
Mark Grossman is a 28-year business lawyer who began focusing his practice on technology over 20 years ago. This makes him an old-timer in a new practice area. He is also an author and frequent speaker on technology, outsourcing, and the art and science of negotiating deals. Mark's "TechLaw" column is published by "CIO Magazine."
Mark is AV-rated by Martindale-Hubbell, the highest level attainable, and was a member of the Florida Bar's Computer Law Committee. Further, his peers chose Mark to appear in the last several editions of The Best Lawyers in America. Since
Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in
Best Lawyers is considered a singular honor.
Corporate Counsel magazine has called
Best Lawyers "the most respected referral list of attorneys in practice."
A 1982 cum laude graduate of Georgetown University Law Center in Washington, D.C., Mark started in the big-firm world working on large corporate deals. Then he had his own firm for many years until one of Florida's larger law firms courted him in 1997. They asked him to start and lead their technology practice, which he did until 2005.
Mark started his career as a business lawyer gaining experience as a negotiator and litigator, but then began to focus his practice on technology, outsourcing, telecommunications, licensing, and custom development deals. Working on such deals led to experience with non-disclosure agreements, software audit disputes, computer use policies, the Internet, privacy policies, online contracts, e-commerce, document destruction policies, intellectual property, employment agreements, electronic discovery, and issues unique to start-ups.
Mark also has extensive experience as a litigator. Although he no longer litigates, Mark uses his experience as a litigator when he is negotiating dispute settlements.
Mark's clients have ranged from clients selling technology-related goods and services who needed a lawyer who understood their industry, to working with clients on the buying side of a transaction. On that side, his clients have included banks, insurance companies, and medium and large sized businesses in many diverse industries. Mark's clients have ranged from startups to Fortune 100 companies.
Mark's technology clients all share the need for a lawyer with meaningful experience in technology law. In many cases, his clients are spending large amounts of money buying complex technologies and need to hire an attorney to insure that they have a meaningful contract.
In 1996, Mark started writing about technology law just as technology and the Internet were exploding and the dot com bubble started. He began his writing career with PC World Magazine. In 1997, he created his weekly "CyberLaw" column in South Florida's "Daily Business Review." In 2000, he renamed his column "TechLaw" and moved it to the Miami Herald where the column ran for many years.
Since the mid-1990's, Mark has spoken to hundreds of groups domestically and internationally including multiple appearances at Georgetown University Law Center's Advanced Computer Law Institute, COMDEX in Las Vegas, and seminars offered by the American Corporate Counsel Association. He has also been a guest on many television and radio shows including ABC's "Nightline."
Mark authored the book Technology Law - What Every Business (and Business-Minded Person) Needs to Know, and released a revised edition in 2009.
Mark has written for Washington's "Legal Times," the "Texas Lawyer," "The Recorder of San Francisco," the "University of Texas School of Law Review of Litigation," and the Florida Bar's "Computer Law Journal." He also co-authored a chapter called "Web Development Agreements" in the American Bar Association's book titled Internet Law for the Business Lawyer.
Currently, he is a member of the Board of Directors of the South Florida Technology Alliance, the Advisory Board of BNA's Electronic Commerce & Law Newsletter, and the Board of Editors of "Internet Law and Strategy," a publication of Law Journal Newsletters.
Mark has served as Special Counsel for Technology for the X-Prize Foundation, a subject matter expert for the State of Florida's Internet Task Force, a member of the Board of Directors of the InternetCoast, General Counsel for the South Florida Interactive Marketing Association, and a member of the Board of Trustees of the Coral Gables Museum. He was a member of the Board of Advisors for the Global Sourcing Forum from 2007 to 2010.
In 1998, Mark was one of three co-founders of the software company Eisenworld, Inc., which Microsoft acquired in 2006. Microsoft incorporated Eisenworld's "PC Relocator" software into Microsoft's Windows operating systems.
Mark received his B.A., with high honors, in 1979 from Stony Brook University. He is a member of the New York and Florida Bars.
Publications:
Authored the book Technology Law - What Every Business (and Business-Minded Person) Needs to Know, and released a revised edition in 2009.
"TechLaw" column in "CIO Magazine."
PC World Magazine
South Florida's "Daily Business Review."
Miami Herald
Florida Bar's "Computer Law Journal."
Co-authored a chapter called "Web Development Agreements" in the American Bar Association's book titled Internet Law for the Business Lawyer.
Presentations:
Significant Matters:
This list of representative transactions represents the broad nature, scope, and type of transactions Mark has handled for his clients and is not intended to be an exhaustive list of his technology and telecommunications law experience.
Served as outside counsel and negotiated a multi-million dollar business process outsourcing deal for a Fortune 500 company with the company's Indian service provider.
Served as outside counsel and negotiated the licensing of a multi-million dollar claims and risk management system for a Fortune 100 company.
Represented a Fortune 100 company in a negotiation, design, and purchase of an IT system for a new regional distribution center.
Represented software companies in connection with licensing, reseller, distribution, and services agreements.
Served as outside counsel to a Fortune 500 company in structuring, negotiating, and drafting agreements related to the telecommunications transport and managed network services.
Negotiated multimillion dollar settlements for clients relating to a variety of disputes including, but not limited to: software licensing, credit card processing, software development, and intellectual property infringement.
Served as outside counsel and advised a Fortune 300 company on the acquisition of a multi-million dollar database system including software and hardware components.
Represented a major health care IT service provider in a variety of merger and acquisitions transactions.
Served as outside IP counsel with respect to clients' trademark and copyright issues, including the creation and enforcement of intellectual property rights.
Serves as outside counsel to a digital media company that licenses video and graphics software to television broadcasting companies worldwide.
Provided a range of services to start-up companies including advice on organizational structure, security matters, initial and venture capital financing, and partnering arrangements.
Represented clients in negotiating various telecommunications master services and network services agreements with Bellsouth, AT&T, and Verizon.
Represented numerous software vendors of all sizes on IT and intellectual property matters including licensing agreements, hosting agreements, development transactions, maintenance and support agreements, consulting, and professional services agreements.
General Counsel to a fast growing telecommunications software company named to the Inc. 500 (Inc. Magazine's annual list of the fastest growing private companies in the U.S.), and assisted the company in the licensing of software products to telecommunications carriers.
Advised a startup software company on the licensing of airline crew pairing optimization software to major U.S. airlines.
Performed intellectual property due diligence related to a complex multimillion dollar acquisition by a Fortune 500 company.
Advised and provided strategic counsel to a leading IT services provider as General Counsel on numerous software, hardware, and IT services contracts.
Counseled a regional auto dealer on legal implications of moving from a paper based purchasing and lending process to a pure electronic contracting environment.
Represented an online pharmacy on the development and design of its e-commerce sites, offshore colocation agreements, financing, other issues relating to its worldwide e-commerce operations, and eventually negotiated the sale of the company.
Provided advice to providers of products and services in various business sectors in establishing websites, including providing advice on website terms and conditions, e-commerce terms and conditions, privacy policies on domain name issues, and cyber squatting disputes.
Represented client on the acquisition of software products, including negotiating service level agreements, software escrow agreements, and hosting agreements.
Represented software vendors in drafting and negotiating end user license agreements and customized software development agreements.
Advised various medical IT companies on HIPAA compliance issues.